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Keyword: appeals

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  • Federal Appeals Court Says Assault Rifles Are ‘Weapons Of War’ Not Protected By Second Amendment

    02/22/2017 5:51:23 PM PST · by Enlightened1 · 85 replies
    NY Daily News ^ | 02/22/17 | JASON SILVERSTEIN
    A federal appeals court ruled Tuesday that assault rifles and other so-called “weapons of war” are not protected under the Second Amendment. The U.S. Court of Appeals for the Fourth Circuit decision upheld Maryland’s ban on assault rifles, which was passed in 2013 in response to the Sandy Hook Elementary School massacre in Connecticut. It cited a 2008 Supreme Court case, Heller v. District of Columbia, which said that weapons “most useful in military service” are not covered by the Constitution. “We are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ M-16...
  • U.S. Appeals Court Revives Clinton Email Suit

    12/27/2016 5:12:13 PM PST · by SgtHooper · 6 replies
    Fox Business / Reuters ^ | December 27, 2016 | Doina Chiacu
    In a new legal development on the controversy over former Secretary of State Hillary Clinton's emails, an appeals court on Tuesday reversed a lower court ruling and said two U.S. government agencies should have done more to recover the emails. The ruling from Judge Stephen Williams, of the U.S. Court of Appeals for the District of Columbia Circuit, revives one of a number of legal challenges involving Clinton's handling of government emails when she was secretary of state from 2009 to 2013.
  • Federal appeals court orders changes to Texas voter ID law

    07/20/2016 12:48:16 PM PDT · by ColdOne · 67 replies
    foxnews.com ^ | 7/2/16 | AP
    AUSTIN, Texas – A federal appeals court ruled Wednesday that Texas' strict voter ID law violates the Voting Rights Act and ordered changes before the November election. ADVERTISEMENT The ruling from the 5th U.S. Circuit Court of Appeals instructs a lower court to make changes that fix the "discriminatory effect" of the 2011 law, but to do so in a way that disrupts this year's election season as little as possible. President Barack Obama's administration took the unusual step of deploying the weight of the U.S. Justice Department into the case when it challenged the law, which requires Texas residents...
  • Appeals court strikes down Texas voter ID law

    07/20/2016 12:44:44 PM PDT · by TigerClaws · 28 replies
    Texas’s voter ID law violates federal laws prohibiting electoral discrimination, an appeals court ruled Wednesday. The U.S. 5th Circuit Court of Appeals struck down the 2011 state law, widely viewed as the one of the nation’s strictest such requirements, ruling that it violates section 2 of the Voting Rights Act. "The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact," Judge Catharina Haynes wrote in the ruling.
  • Court overturns some Blagojevich convictions (Breaking)

    07/21/2015 12:36:24 PM PDT · by Biggirl · 16 replies
    FoxNews.com ^ | July 21, 2015 | Associated Press
    DEVELOPING: An appeals court has overturned some of the corruption convictions of imprisoned former Illinois Gov. Rod Blagojevich. he 7th U.S. Circuit Court of Appeals in Chicago released its ruling Tuesday.
  • Abrahamson asks appeals court to speed up its ruling in war for Supreme Court

    06/04/2015 6:51:00 AM PDT · by afraidfortherepublic · 8 replies
    The Wisconsin Reporter -- Watchdog ^ | 6-4-15 | M. D. Kittle
    MADISON, Wis. – It’s been a busy few weeks around the Wisconsin Supreme Court, if not actually inside the state’s top court. On Tuesday, Supreme Court Justice Shirley Abrahamson asked a federal appeals court to, at least temporarily, give her back the job of chief justice, a position she lost in an April vote of her fellow justices. The next day, hoping to expedite her appeals case, Abrahamson asked U.S. District Court Judge James Peterson to hit the pause button on her underlying federal claim – that her civil rights were violated when Wisconsin voters changed the state constitution, which...
  • Will Courts Lift Veil of Secrecy Around Lethal Injections?

    02/27/2014 10:45:17 PM PST · by CorporateStepsister · 15 replies
    NBC News ^ | February 28, 2014 | By Pete Williams
    Despite growing controversy over the use of anonymous pharmacies for lethal injections, the U.S. Supreme Court has thus far declined to block any executions based on 11th-hour appeals challenging the drug connections. That includes the case of Michael Taylor, a convicted rapist and murderer who was put to death at 12:10 a.m. Wednesday in Missouri after a furious legal battle that stretched well into the night. It's worth nothing, however, that three high court justices wanted to block Taylor's execution and cited the words of an appeals judge who said so little was known about the source of the deadly...
  • Appeals court says White House visitor logs can be kept from public

    08/30/2013 4:25:29 PM PDT · by Nachum · 53 replies
    Washington Examiner ^ | 8/30/13 | MARK TAPSCOTT
    President Obama and his successors in the Oval Office are not obligated to make public the names of individuals visiting the White House, according to a decision of the federal Circuit Court for the District of Columbia made public Friday. The case was brought by Judicial Watch, the government watchdog nonprofit that has been fighting a long legal battle seeking to force release of the White House visitor logs as public records under the Freedom of Information Act. But in a decision that is drawing intense criticism from across the ideological spectrum, the circuit court said the president has a...
  • Before death, Fort Hood shooter faces long appeals

    08/29/2013 5:19:39 AM PDT · by TurboZamboni · 32 replies
    pioneer press ^ | 8-29-13 | WILL WEISSERT
    FORT HOOD, Texas—If Nidal Hasan plans to welcome a death sentence as a pathway to martyrdom, the rules of military justice won't let him go down without a fight—whether he likes it or not. The Army psychiatrist was sentenced Wednesday to die for the 2009 Fort Hood shooting rampage that killed 13 people and wounded more than 30. But before an execution date is set, Hasan faces years, if not decades, of appeals. And this time, he won't be allowed to represent himself. "If he really wants the death penalty, the appeals process won't let it happen for a very...
  • NLRB: We will continue to act despite the Appeals Court decision

    01/25/2013 2:11:01 PM PST · by sheikdetailfeather · 119 replies
    Washington Examiner ^ | 1-25-2013 | Sean Higgins
    Mark Gaston Pearce, chairman of the National Labor Relations Board, issued the following statement in reaction to today’s DC Appeals Court decision that President Obama use of recess appointments to install three people on the NLRB last year was unconstitutional. The action renders the board without a quorum to act and potentially invalidates a year’s worth of actions and rulings by it. Pearce indicated that the NLRB will attempt to continue on regardless:
  • Appeals Court Hears NLRB Recess Appointments Case

    12/05/2012 2:45:12 PM PST · by Nachum · 5 replies
    Free Enterprise ^ | 12/5/12 | Sean Hackbarth
    What does it mean for the Senate to be in recess? Today, the D.C. Circuit Court of Appeals was challenged to figure that out. This stems from President Obama bypassing the Senate in appointing three nominees to the National Labor Relations Board (NLRB). The Wall Street Journal sets it up: [I]n January Mr. Obama named three new members of the National Labor Relations Board along with Richard Cordray as the head of the Consumer Financial Protection Bureau when the Senate wasn't in recess. While Congress was conducting pro forma sessions, Mr. Obama pulled this end run around the Senate's advice...
  • State Attorney Tries to Tackle Peace Now

    10/22/2012 1:05:53 AM PDT · by Eleutheria5 · 1 replies
    Arutz Sheva ^ | 22/10/12 | Tzvi Ben Gedalyahu
    The State Attorney, after dozens of Peace Now appeals against Jewish homes, now says the left-wing group improperly files court appeals, the Makor Rishon newspaper reported. Peace Now has been in the forefront in recent years in petitioning the High Court against the right of Jews to build and live in Judea and Samaria, and in many, if not most, cases the organization has won an approving ear from the High Court. Whether by coincidence or not, the new State Attorney position comes only several months after a dramatic change in the make-up of the High Court. Gush Etzion attorney...
  • Analysis: Republicans lead Obama in war for judicial dominance

    10/05/2012 11:32:35 AM PDT · by ruralvoter · 10 replies
    Reuters ^ | 10/5/12 | Joan Biskupic
    When Barack Obama was elected president, critics and supporters alike thought the Democrat would move swiftly to appoint strong liberal judges to balance out Republicans' longstanding push for a conservative judiciary. At the nation's 13 powerful U.S. appeals courts, that has not happened. Obama's 30 appointees have generally been moderates who mainly served on lower courts and were often selected in consultation with Republican senators. The pattern contrasts with Obama's Republican predecessors, dating back to Ronald Reagan, who quickly put forth prominent young conservatives, many of whom came from academia and had past political experience. Notably, President Obama has not...
  • Appeals court grants George Zimmerman's request for new judge

    08/29/2012 5:47:33 PM PDT · by South40 · 26 replies
    A Florida appeals court on Wednesday granted George Zimmerman's request for a new judge. Zimmerman, the former neighborhood watch volunteer charged in the fatal shooting of Trayvon Martin, had said the judge presiding over his case has made disparaging remarks about him. The Fifth District Court of Appeal wrote in a decision that Circuit Judge Kenneth Lester Jr. should "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."
  • Supreme Court refuses to take up voter ID cases (WI)

    04/16/2012 10:11:46 AM PDT · by afraidfortherepublic · 9 replies
    JS Online ^ | 4-16-12 | Patrick Marley
    Madison - The state Supreme Court refused Monday to immediately take up a pair of cases that struck down the state's new voter ID law, a decision that will likely mean citizens won't have to show ID when they cast ballots in recall elections this spring. The court's terse orders send the cases back to two different courts of appeals. The appeals courts had said the Supreme Court should take the cases right away because of their significance. Now, the appeals courts will have to render their own decisions on the cases. The cases could then go to the Supreme...
  • Appeals court rules in legal fight over dead dog ('intrinsic value of human-animal bond')

    02/21/2012 4:24:35 PM PST · by Libloather · 18 replies
    Appeals court rules in legal fight over dead dogThe Associated Press Tuesday, February 21, 2012 RALEIGH – The N.C. Court of Appeals has waded into a legal tussle over the wrongful death of a Jack Russell terrier. Nancy and Herb Shera of Wilmington sued North Carolina State University’s College of Veterinary Medicine in 2009, seeking more than $28,000 in damages after their dog, Laci, died following a botched tube feeding. In a 20-page ruling issued Tuesday, the appeals court unanimously upheld an earlier ruling by the N.C. Industrial Commission, which decides compensation claims involving state agencies. The state commissioner had...
  • Govt Won't Seek Appeal In Atlanta On Health Care

    09/26/2011 9:32:31 PM PDT · by Rabin · 3 replies
    Associated PressPETE YOST ^ | Sep 26, 6:33 PM EDT | PETE YOST
    The Obama administration has decided not to ask a federal appeals court review of a ruling striking down the centerpiece of President Barack Obama's sweeping health care overhaul. The administration's decision makes it more likely that the U.S. Supreme Court would hear a case on the health care overhaul in the court's term starting next month, and render its verdict on the law in the midst of the 2012 presidential election campaign. A divided three-judge panel of the 11th Circuit Court of Appeals in Atlanta concluded Congress overstepped its authority when lawmakers passed the individual mandate provision that requires people...
  • Appeals Court Rules Fannie/Freddie Docs Can be Kept Secret

    08/15/2011 10:07:24 AM PDT · by Nachum · 22 replies
    Big Government ^ | 8/15/11 | Tom Fitton
    So far the U.S. government has bailed out Fannie Mae and Freddie Mac to the tune of at least $130 billion, and perhaps as much as $1 trillion. And yet, the Obama administration continues to stonewall the release of documents that could shed light on why Fannie and Freddie failed, thereby sending the economy into a tailspin from which we have yet to recover. (Those records are housed at the Federal Housing Finance Agency (FHFA) now that Fannie and Freddie are owned and operated by the federal government.)
  • Oh my: Federal appeals court highly skeptical of ObamaCare in today’s oral arguments

    06/08/2011 5:50:39 PM PDT · by SeekAndFind · 24 replies
    Hotair ^ | 06/08/2011 | Allahpundit
    Granted, granted, a tough oral argument is no guarantee of defeat, but the mere possibility of O-Care crashing and burning in the 11th Circuit is tasty enough to be blogworthy. Time magazine makes a good point: Lower-court rulings on the mandate’s constitutionality have tracked with each judge’s partisan leanings, but the 11th Circuit panel is truly bipartisan. Two of the three judges who heard arguments today were appointed to the district court by Reagan, but two of the three were elevated to the appellate court by Clinton. Given that melange of blue and red, you think famous fencesitter Anthony Kennedy...
  • WisPolitics: Appeals court sends budget repair bill lawsuit to Supreme Court

    03/25/2011 12:45:11 PM PDT · by bigbob · 12 replies
    Wispolitics dot com ^ | 3/25/2011 | WisPolitics
    A state appeals court says it found two cases that seem to back the Dane County DA’s position in the collective bargaining bill complaint and two that support the secretary of state’s argument. The 4th District Court of Appeals wrote in its certification to the Supreme Court on the complaint that it would be appropriate for the justices to take the case because there are issues they would ultimately consider on petition for review anyway. Taking it up directly would “reduce the burden and expense of the appellate process on both the parties and the judicial system.” Assembly Minority Leader...